# C_2019164EN.01002401.xml

| 13.5.2019 | EN | Official Journal of the European Union | C 164/24 |
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13.5.2019

EN

Official Journal of the European Union

C 164/24

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Request for a preliminary ruling from the Eparchiako Dikastirio Larnakas (Cyprus) lodged on 22 February 2019 — Cyprus Central Authority v GA

(Case C-154/19)

(2019/C 164/27)

Language of the case: Greek

Referring court

Eparchiako Dikastirio Larnakas (Cyprus)

Parties to the main proceedings

Applicant: Cyprus Central Authority

Defendant: GA

Questions referred

| 1. | Should the independence from the executive of a public prosecutor’s office which issues a European arrest warrant in accordance with the applicable national law be judged by its role in the relevant national legal system? If not, by what criteria should its independence from the executive be judged? |
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1.

Should the independence from the executive of a public prosecutor’s office which issues a European arrest warrant in accordance with the applicable national law be judged by its role in the relevant national legal system? If not, by what criteria should its independence from the executive be judged?

| 2. | Is the Hamburg Public Prosecutor’s Office, which forms part of the executive, rather than the judiciary, under national German law, is part of the structure of the Ministry for Justice and is required to prosecute criminal offenders where it considers appropriate, having appraised all the evidence, both incriminating and exculpatory, sufficiently independent an authority involved in the dispensation of criminal justice to qualify as a ‘judicial authority’ within the meaning of Article 6(1) of the Framework Decision of 13 June 2002 (1) on the European arrest warrant and the surrender procedures between Member States? |
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2.

Is the Hamburg Public Prosecutor’s Office, which forms part of the executive, rather than the judiciary, under national German law, is part of the structure of the Ministry for Justice and is required to prosecute criminal offenders where it considers appropriate, having appraised all the evidence, both incriminating and exculpatory, sufficiently independent an authority involved in the dispensation of criminal justice to qualify as a ‘judicial authority’ within the meaning of Article 6(1) of the Framework Decision of 13 June 2002 (1) on the European arrest warrant and the surrender procedures between Member States?

| 3. | If the answer is in the affirmative, should the Hamburg Public Prosecutor’s Office also be operationally independent from the executive in respect of all cases handled by it and by what criteria should that operational independence be judged? |
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3.

If the answer is in the affirmative, should the Hamburg Public Prosecutor’s Office also be operationally independent from the executive in respect of all cases handled by it and by what criteria should that operational independence be judged?

| 4. | Given that, under German law, a European arrest warrant issued by the Hamburg Public Prosecutor’s Office is subject to incidental — rather than direct — judicial review, by challenging the alert entered in the Schengen Information System (SIS) once the European arrest warrant concerned has been issued, is a European arrest warrant issued by the Hamburg Public Prosecutor’s Office a ‘judicial decision’ within the meaning of Article 6(1) of the Framework Decision that is compatible with the principle of mutual recognition enshrined in Article 1(2) of the Framework Decision? |
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4.

Given that, under German law, a European arrest warrant issued by the Hamburg Public Prosecutor’s Office is subject to incidental — rather than direct — judicial review, by challenging the alert entered in the Schengen Information System (SIS) once the European arrest warrant concerned has been issued, is a European arrest warrant issued by the Hamburg Public Prosecutor’s Office a ‘judicial decision’ within the meaning of Article 6(1) of the Framework Decision that is compatible with the principle of mutual recognition enshrined in Article 1(2) of the Framework Decision?

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(1)  2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).

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